Minimum of either 3 or 4 elected members
(including the Chair) and alternates
who have current certification under the Making Good Decisions Training,
Assessment and Certification Programme for RMA Decision-Makers.

The inclusion of independent Commissioners in hearing
subcommittees or hearing panels as appropriate

Quorum:

3

Meeting Cycle:

Meets on a six weekly basis, as required or at the
requisition of the Chair

Reports to:

Council

PURPOSE

To monitor the
effectiveness of the City of Lower Hutt District Plan as a strategic policy and
operational document for the district and facilitate consideration of Plan
Changes.

To consider matters
relating to quasi-judicial responsibilities of the Council under
legislation. This includes matters under the RMA including district plan
hearings.

Recommend

·Recommend to Council District Plan changes and District Plan
variations for Council approval prior to notification.

·Recommend to Council private District Plan Change requests for
Council to Accept, Adopt or Reject.

·Recommend to the relevant Requiring Authority decisions on all
matters concerning Designations and Notices of Requirements in accordance with
Part 8 of the Resource Management Act 1991.

·Recommend to Council for final approval, to make operative,
District Plan and District Plan Changes (in accordance with clause 17, Part 1,
Schedule 1 of the Resource Management Act 1991).

Determine

·Determine all other matters (including decisions requested by
submitters) concerning the District Plan and District Plan changes (in
accordance with Schedule 1 of the Resource Management Act 1991).¨

·Exercise the power of waiver of the requirement to provide
parties with copies of written reports prior to hearings (under Section 42A (4)
of the Resource Management Act 1991).

·Appoint a subcommittee or hearing panel of suitably qualified
person(s) to conduct statutory hearings on behalf of the Committee. The
Chair of the District Plan Committee is also delegated this function.

General

·Set the District Plan Work Programme and monitor its
implementation.

·Develop and review appropriate strategies and policies in relation
to the District Plan.

·Approve and forward submissions to other authorities on matters
relevant to the Committee’s area of responsibility.

·Monitor the effectiveness of the District Plan and consider
issues raised with the committee.

NOTE:

The
Ministry for the Environment advocates that Councils offer specialist RMA
training in areas of law which are difficult to grasp or where mistakes are
commonly made. This is to complement the Making Good Decisions RMA
training that MfE runs (which is an overview and basic summary of decision
making, rather than an in-depth training in specific areas of the RMA).
Therefore in order to facilitate this, the RMA training run for councillors
that wish to be hearings commissioners is mandatory.

Reasons for the importance of the training:

1Hearings
commissioners are kept abreast of developments in the legislation.

2Legal
and technical errors that have been made previously are avoided (many of which
have resulted in Environment Court action which is costly, time consuming and
often creates unrealistic expectations for the community).

3The
reputation of Council as good and fair decision makers or judges (rather than
legislators) is upheld.

HUTT CITY COUNCIL

District Plan Committee

Meeting
to be held in the Council Chambers, 2nd Floor, 30 Laings Road, Lower Hutton

Wednesday
26 April 2017 commencing at 5.30pm.

ORDER
PAPER

Public Business

1. Opening FORMALITIES - Karakia
(17/588)

Whakataka te hau ki
te uru

Whakataka te hau ki
te tonga

Kia mäkinakina
ki uta

Kia mätaratara
ki tai

E hï ake ana te
atakura

He tio, he huka, he
hau hü

Tïhei mauri ora.

2.APOLOGIES

3. PUBLIC
COMMENT

Generally up to
30 minutes is set aside for public comment (three minutes per speaker on items appearing on the agenda). Speakers may be
asked questions on the matters they raise.

4.CONFLICT
OF INTEREST DECLARATIONS

5. Recommendation to Council - 23 May 2017

Proposed
District Plan Change 49
Copeland Street Reserve
Rezoning to General Residential Activity Area - Medium Density and General
Recreation Activity Area (17/565)

With reference to
section 32 of Standing Orders, before putting a question a member shall
endeavour to obtain the information. Questions shall be concise and in writing
and handed to the Chair prior to the commencement of the meeting.

8. Closing FORMALITIES - Karakia (17/626)

Kia tau ki a tatou
katoa

Te atawhai o to tatou
ariki ko Ihu karaiti

Me te aroha o te Atua

Me te
whiwhingatahitanga

Ki te wairuatapu

Ake, ake, ake, Amene.

Susan Haniel

COMMITTEE ADVISOR

3 26
April 2017

District
Plan Committee

29 March 2017

File: (17/565)

Report
no: DPC2017/2/100

Proposed District
Plan Change 49
Copeland Street Reserve
Rezoning to General Residential Activity Area - Medium Density and General
Recreation Activity Area

Purpose
of Report

1. To present Draft Proposed Plan Change 49 to the Committee for
consideration and approval.

Recommendations

That the District Plan
Committee recommends that Council:

(i) notes the proposed Plan Change which is attached as Appendix 1 to
this report;

(iv) allows officers to make any non-policy related changes to the
details of the proposed Plan Change should the need arise.

Background

2. The
purpose of proposed Plan Change 49 is to rezone the south-western part of a
Hutt City Council owned area of land at 96A Witako Street, Epuni (Copeland
Street Reserve) from General Recreation Activity Area to General Residential
Activity Area – Medium Density. The proposed Plan Change also seeks to
rezone two properties at 51 and 53 Hall Street (owned by Urban Plus Ltd) from
General Residential Activity Area – Medium Density to General Recreation
Activity Area in the City of Lower Hutt District Plan.

Rezoning to
General Residential Activity Area – Medium Density

3. The
proposed plan change seeks to rezone the south-western portion of the Copeland
Street Reserve (Lot 1 DP 25931) from General Recreation Activity Area to
General Residential Activity Area – Medium Density. The north-eastern
part of the reserve is proposed to be retained for recreation purposes. The
portion proposed to be rezoned has an area of approximately 8290m2
and was previously vested as reserve. The Department of Conservation agreed on
1 July 2016 to revoke the reserve status and Council intends to dispose of the
land once the site has been rezoned. The proposed zoning will ensure that any
future development will be consistent with adjoining residential areas.

Rezoning to
General Recreation Activity Area

4. The
proposed plan change also seeks to rezone the two properties at 51 and 53 Hall
Crescent (Lots 6 and 7 DP 25931) from General Residential Activity Area –
Medium Density to General Recreation Activity Area. The properties are owned by
Urban Plus Ltd, have an overall area of approximately 854m2 and are
currently used for residential purposes containing a dwelling each. It is
intended to remove the dwellings and use the land for recreation activities,
thereby improving access, visibility and connectivity of the remaining Copeland
Street Reserve with the surrounding neighbourhood.

5. No
new District Plan provisions (Objectives, Policies, Rules or Standards) will be
introduced and no existing District Plan provisions will be amended as a result
of this proposal. The only amendment proposed is to the District Plan Map to
reflect the new zoning of the Sites.

Discussion

6. The
section 32 evaluation which forms part of the proposed Plan Change document
(attached as Appendix 1 to this report) addresses the principles of the
Resource Management Act 1991 as well as regional and local policy documents and
strategies along with the policies and objectives of the District Plan in
relation to the proposed rezoning. It also includes an assessment of the
potential effects of the proposed rezoning.

Options

7. Several
rezoning options have been considered for the sites and are outlined in more
detail in the section 32 evaluation attached to this report.

8. For
the land forming the south-western portion of the Copeland Street Reserve that
is currently zoned General Recreation Activity Area the following three options
were considered in detail:

1. Status
quo – do nothing

2. Rezone
the site as General Residential Activity Area

3. Rezone
the site as General Residential Activity Area – Medium Density

9. Of
the three options Option 3 is recommended. Rezoning the site to General
Residential Activity Area – Medium Density will allow for residential
development of the site while ensuring that any future development will be of a
nature and scale that is consistent with the development potential of the
surrounding residential area.

10. For
the sites at 51 and 53 Hall Crescent that are currently owned by Urban Plus
Limited and zoned General Residential Activity Area – Medium Density the
following two options were considered in detail:

1. Status
quo – do nothing

2. Rezone
the sites as General Recreation Activity Area

11. Of
the two options Option 2 is recommended. Rezoning the sites to General
Recreation Activity Area will allow for recreational opportunities and provide
a level of compensation for the loss of recreational land associated with the
rezoning of the south-western end. The zoning as General Recreation Activity
Area is consistent with the remaining portion of Copeland Street Reserve

12. These
matters are fully outlined in the section 32 report of the proposed Plan Change
document (Appendix 1)

Consultation

13. In
preparation of the proposed Plan Change consultation has been carried out with
the following statutory authorities in accordance with Schedule 1 of the
Resource Management Act 1991

· Ministry for the Environment;

· Department of Conservation;

· Greater Wellington Regional Council;

· Upper Hutt City Council;

· Kapiti Coast District Council;

· Porirua City Council;

· South Wairarapa District Council;

· Wellington Tenths Trust;

· Orongomai Marae;

· Te Runanganui o Taranaki Whanui ki te Upoko o Te Ika a Maui;

· Te Runanga o Toa Rangatira Inc;

· Port Nicholson Block Settlement Trust;

· Ngati Kahungunu; and

· Rangitane
o Wairarapa Incorporated.

14. No
feedback has been received.

15. In
addition to the above, full consultation on Proposed Plan Change 49 will be
undertaken under the provisions of the Resource Management Act 1991 if and when
the Proposed Plan Change is promulgated.

Legal
Considerations

16. All
requirements under the Resource Management Act 1991 (RMA) will be followed.

Financial
Considerations

17. There
are no financial considerations.

Other
Considerations

18. In
making this recommendation, officers have given careful consideration to the
purpose of local government in section 10 of the Local Government Act 2002.
Officers believe that this recommendation falls within the purpose of the local
government in that it the proposal is the most appropriate way to achieve the
purpose of the RMA. It does this in a way that is cost-effective because it
follows the statutory process outlined in the RMA and ensures that land subject
to the Proposed Plan Change will have appropriate zoning.

This brief report summarises
the current work being undertaken on the review of the District Plan

Recommendation

That the report be noted and received.

Proposed Plan Change 49 Copeland St Reserve

1. Proposed Plan
Change 49 Copeland St Reserve rezones the western part of
Copeland Street Reserve from General Recreation Activity Area to General
Residential Activity Area. The proposed Plan Change also seeks to rezone two
properties at 51 and 53 Hall Street from General Residential to General
Recreation Activity Area.

2. A plan change
proposal is presented elsewhere in this agenda for the Committee’s
consideration.

Proposed Plan Change 38 - Taita Drive - North
of Avalon Park

3. No submissions
were received on Proposed Plan Change 38 Taita Drive - North of Avalon
Park. The plan change was given final approval by Council at its meeting
of 14 March 2017. Public notice of the final approval was given on 28
March 2017.

4. Plan change 38
is now fully operative.

Proposed Private Plan Change 45 - Mandel Mews

5. Three submissions
plus one late submission were received on Proposed Private Plan Change 45
Mandel Mews. No submitters wished to be heard therefore no hearing was
required. The plan change will be determined by the Chair of the District
Plan Committee acting under delegated authority.

Iwi provisions/Sites of Cultural Significance
to Iwi

6. Officers are
looking to recommence this project in discussion with the Port Nicholson Block
Settlement Trust, Wellington City Council and Upper Hutt City Council.

Natural Hazards

7. Stage 2 of the
natural hazards project, a Riskscape Assessment, is now underway, partnering
with GNS. The Riskscape Assessment will model the damage caused by
specific natural hazard events; firstly to existing buildings and secondly to
hypothetical future buildings in alternative development scenarios. The
Assessment will therefore help to inform planning for appropriate
development. Baseline modelling was completed in January 2017.
Modelling of alternative scenarios is continuing.

8. Officers are also
scoping a District Plan change to identify flood hazard areas. The flood
hazard areas would be shown in the District Plan maps as overlays with
associated requirements such as minimum floor levels appropriate to 1% Annual
Exceedance Probability (1 in 100 year) events.

Greenfield Development in Kelson

9. The land at the
end of Major Drive was identified as a potential greenfield development in the
Urban Growth Strategy. To realise its development potential a plan change will
be required to rezone the land from Rural Residential (2 ha per
dwelling). Officers have had several meetings with the landowners and
their consultants to discuss development options. The property now
appears to have changed hands. Officers will engage with the new owner as
appropriate.

10. Once suitable information is
available, a plan change proposal will be prepared for the consideration of the
Committee.

11. Consultants for the owners of
a Waipounamu Road Kelson property are preparing a private plan change request
to rezone their property from Hill Residential (1000 m2 per
dwelling) to General Residential (400 m2 per dwelling) thereby
providing for up to 180 lots. The owner intends to ask Council to adopt the
proposal as a Council plan change. Given that the plan change would assist
Council in meeting its Urban Growth Strategy goals, officers are likely to
recommend that Council agrees to the request. Officers met with the
consultants on 31 January 2017 and await the proposal.

Greenfield Development in Stokes Valley
(Shaftesbury Grove)

12. The land at the end of
Shaftesbury Grove was identified as a potential greenfield development in the
UGS. Officers were working with Urban Plus Ltd and engineering, ecological and
landscape consultants to achieve a suitable concept development proposal to
form the basis of a plan change proposal. To realize the development potential
of the site or parts of the site it would need to be rezoned from Hill
Residential (1000 m2 per dwelling) to General Residential (400 m2
per dwelling). The work was put on hold by Urban Plus Ltd pending the possible
sale of the land to a private developer.

13. At its meeting of 20 February
2017 the District Plan Committee considered and recommended to Council a
proposal for a whole of Council approach to the management of ecosites,
landscapes and coastal natural character areas.

14. Officers are now preparing
GIS maps of the affected areas of Hutt City so that affected landowners can be
identified and consulted.

16. Officers are currently
preparing a draft plan change proposal including section 32 evaluation and
consultation material for discussion with the re-established Councillor Working
Group. A meeting of the Working Group has been set down for 26 April 2017
prior to this Committee meeting. (The Working Group membership comprises one
councillor from each ward with all Councillors being welcome to attend).

17. The Working Group was asked
to review the draft documents and approve a stakeholder engagement plan based
on consultation with groups such as community boards, resident and ratepayer
groups, citizen’s panels/focus groups. The stakeholders will then
be consulted on the approved draft plan change material.

18. The Working Group will then
be reconvened to review the results of the consultation and amend the draft
plan change as appropriate for consideration by the Committee and
recommendation to Council for approval as a formal Council proposal to be taken
through the statutory plan change process including full public consultation.

Proposed Plan Change 36 - Notable Trees

19. Plan Change 36 reviews the
Notable Trees Chapter as well as blanket tree and vegetation protection
provisions throughout the plan. The plan change was triggered by changes to the
RMA invalidating blanket tree protection provisions.

20. The Council decision on
Proposed Plan Change 36 Notable Trees and Vegetation Removal was notified by
Council and appealed to the Environment Court by the East Harbour Environmental
Association.

21. The matter was initially set
down for Court-facilitated mediation to be held on 21 September 2016.
However, the appellants proposed to use the mediation to advance an agenda for
additional work seen by Council as beyond the scope of the appeal.
Council therefore requested adjournment of mediation and asked the Court to
determine the scope of the appeal. In a joined memorandum both parties advised
the court of the issues between the parties as to scope.

22. The parties then provided the
Environment Court with legal submissions as to scope. An Environment
Court hearing took place on 10 November 2016. The Court ruled that two of
the four points of appeal, including the most significant point of appeal, were
out of scope.

23. The EHEA has appealed the
Environment Court decision on scope to the High Court. A High Court
hearing has been set down for 14 June 2017.

25. The proposed plan change was
approved by Council on 20 September 2016 and publicly notified on 4 October
2016 for submissions.

26. Twenty four submissions were
received. A Summary of Submissions was publicly notified on 17 January
2017 to provide the opportunity for further submissions.

27. Five further submissions were
received.

28. Officers have reviewed and
analysed the submissions and sought expert advice on matters to be
resolved. The next steps will be to develop potential solutions, discuss
those with submitters as appropriate and make arrangements for a hearing.

Seaview Marina

29. Officers are continuing to
develop draft plan provisions in consultation with the Seaview Marina Board and
key stakeholders such as the Lowry Bay Yacht Club, the Seaview Marina Users
Group and the oil companies.

30. The plan change proposal also
needs to be informed by a natural hazards report and a visual assessment.

31. A plan change proposal will
be presented to the Committee for consideration in due course.

Riverlink - Hutt River Flood Management

32. The project associated with
upgrading the Hutt River stopbanks from Melling to Ewen Bridge is now known as
Riverlink. The three major partners in the project are Hutt City Council,
Greater Wellington Regional Council (GWRC) and NZ Transport Agency.

33. Once the preferred design
elements of the project have been confirmed, each partner may issue a Notice of
Requirement to designate land to be used for the project, providing the
necessary authorisation under the District Plan as well as providing a
framework for land acquisition process under the Public Works Act 1981.
Notices of Requirement will be processed by the Environmental Policy Division.

34. Consequential changes to the
District Plan may also be required to enable Council’s intentions for the
riverbank promenade and associated developments.

Resource Legislation Amendment Bill

35. The Resource Legislation
Amendment Bill had its third reading in April 2017 and is awaiting Royal
Assent.

37. A Councillor workshop on
the implications of the Bill for the district plan and resource consent
processes is scheduled for 27 April 2017.

National Policy Statement on Urban
Development Capacity

38. The National Policy Statement
on Urban Development Capacity became operative on 1 December 2016. The
NPS requires Council to ensure the City has development capacity for
residential and business development over 3, 10 and 30 year timeframes.

39. Under the NPS Council must
carry out a housing and business development capacity assessment estimating
demand, development capacity and infrastructure capacity as well as monitor a
range of indicators. Should the assessment indicate insufficient development
capacity Council must provide further development capacity and enable
development.

40. Officers are engaging with
neighbouring councils, Ministry of Business, Innovation and Enterprise and
Ministry for the Environment on how to comply with the requirements of the
NPS. Wellington City Council is leading a joint project to develop an
appropriate model and methodology for implementation.